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STATE v. RATHJEN

Cr. No. 890175, Civ. No. 890176.

455 N.W.2d 845 (1990)

STATE of North Dakota, Plaintiff and Appellee, v. Lester J. RATHJEN, Defendant and Appellant. Lester J. RATHJEN, Plaintiff and Appellant, v. STATE of North Dakota, Defendant and Appellee.

Supreme Court of North Dakota.

May 14, 1990.

Attorney(s) appearing for the Case

Patricia L. Burke (argued), State's Atty., Bismarck, for appellee State.

Chapman & Chapman, Bismarck, for appellant Lester J. Rathjen; argued by Daniel J. Chapman.

LEVINE, Justice.

Lester J. Rathjen appeals from (1) a March 6, 1989, amended criminal judgment entered upon a jury verdict finding him guilty of two counts of the crime of removing a child from the state in violation of a custody decree; (2) an April 18, 1989, order denying his application for post-conviction relief under Ch. 29-32.1, N.D.C.C.; and (3) a May 23, 1989, memorandum opinion and order granting the State's motion to vacate a stay of judgment of imprisonment...

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